How Long After a Car Accident Can You Claim Injury?

If you’ve been in a car accident, you may not feel the full extent of your injuries right away. It’s common to feel disoriented, shocked, or even physically fine, only to experience pain or complications days or even weeks later. In the middle of doctor visits and vehicle repairs, one question often comes up: How long do I have to claim injury after a car accident?

The answer depends on several factors, including where you live, the type of insurance you carry, whether you’re planning to pursue a legal claim, and whether you’re working with an experienced car accident lawyer. We will walk you through the basics you need to know about timing your injury claim after a car crash, so you don’t risk losing the compensation you may deserve.

The Difference Between Insurance Claims and Lawsuits

Before we talk timelines and deadlines, it’s important to know what kind of claim you’re planning to file. There are two main paths to seeking compensation after a crash:

• Filing an insurance claim
• Filing a personal injury lawsuit

Most car accident cases begin with an insurance claim. Depending on your state, this could be a claim to your own insurer or to the insurance company representing the at-fault driver. The insurance process is often quicker, but it doesn’t always result in a fair settlement, especially when injuries are serious or fault is disputed.

Working with a car accident lawyer can lead to a faster, higher settlement offer, but the fact remains that sometimes insurance companies will refuse to offer a fair deal or reject a legitimate claim outright. 

When the insurance company offers too little or denies the claim altogether, your next step may be filing a lawsuit. This is where statutes of limitations come into play. Missing a deadline here could mean losing your legal right to recover anything.

Time Limits for Filing an Insurance Claim

Insurance companies usually require that claims be made promptly. But “prompt” doesn’t always mean the same thing in every policy.

Policy-Based Deadlines

Many insurance companies include language that says claims must be reported within a “reasonable time.” Some may list specific deadlines, such as:

• Within 30 days of the accident
• Within 60 days for certain types of coverage

If your policy includes a hard deadline, you’ll need to meet it—even if you’re still dealing with shock, injuries, or treatment.

Legal Deadlines for Insurance Claims

In some states, especially no-fault states, the law itself imposes a strict deadline. For instance, in New York, accident victims generally must notify their own insurer within 30 days to receive no-fault benefits under Personal Injury Protection (PIP) coverage. Missing that deadline can result in a total loss of benefits.

Other no-fault states have similar rules. If you live in a no-fault state, your own insurer typically pays for initial medical bills and lost wages, regardless of who caused the accident—but you must report the accident fast.

Statute of Limitations for Personal Injury Lawsuits

If an insurance claim doesn’t resolve your case, you may need to take legal action. That’s where the statute of limitations matters most.

A statute of limitations is a legal deadline for filing a lawsuit. If you try to sue after that window closes, the court will likely dismiss your case, no matter how strong your case is.

How Long Do You Have?

Each state sets its own rules. Here are examples of statutes of limitations for personal injury:

• Kentucky, Tennessee: 1 year
• California, Texas, Pennsylvania, New Jersey: 2 years
• New York, Washington: 3 years
• Utah, Wyoming: 4 years
• Maine, North Dakota: Up to 6 years

Some states also have different time limits for bodily injury and property damage, so it’s important to know what rules apply in your situation.

What Happens If You Miss the Deadline?

Missing the statute of limitations can end your chances of recovering any compensation. There are very few exceptions, and they usually apply only in rare circumstances, such as:

• Delayed discovery of injuries: If you didn’t know (and couldn’t reasonably have known) about an injury, some states allow the clock to start ticking from the discovery date rather than the accident date.
• Minors or incapacitated individuals: Time limits may be extended until the person turns 18 or regains capacity.
• Defendant out of state: If the at-fault party leaves the state, the time limit may pause until they return.

Still, exceptions are rarely granted—and never guaranteed. The best way to protect your claim is to act within the legal deadlines and work with an attorney who understands them.

Other Reasons Why You Shouldn’t Delay Taking Legal Action 

Even when the law gives you time, waiting too long can hurt your case. Insurance companies often deny or undervalue claims that aren’t backed by solid, timely documentation. Here’s why you should start your claim early.

Evidence Is Easier to Collect

Skid marks fade. Car parts are repaired or scrapped. Surveillance footage gets erased. The sooner you initiate your claim, the better chance you have at preserving key evidence.

Witnesses Remember More

Accident witnesses can provide powerful support for your case, but their memories usually fade fast. If weeks or months go by, their accounts may become unreliable or incomplete.

Injuries Can Be Linked to the Crash

If you wait too long to report your injuries, the insurer may argue that something else caused them. Prompt medical treatment creates a clear timeline that ties your injuries to the accident.

Insurance Companies May Use Delays Against You

If there’s any delay, adjusters may question the severity or validity of your injuries. Even a small lapse in time gives them more leverage to offer less money or deny the claim altogether.

Who You File Your Claim With Depends on Several Factors

When filing an injury claim, it’s not always obvious who you should be talking to. That depends on where you live, who caused the accident, and what kind of insurance coverage is involved.

One of the wisest steps you can take after suffering car accident injuries is to connect with a trusted personal injury lawyer who can evaluate your case for what it’s truly worth and deal with all of the insurance matters for you.

Claims to Your Own Insurance Company

You’ll file a claim with your own insurer if:

• You’re in a no-fault state and need PIP benefits
• You’re using medical payments coverage (MedPay)
• The other driver has no insurance, and you need to use uninsured motorist coverage

Even in fault-based states, you may start with your own insurer and let them handle recovery from the at-fault driver’s company.

Claims to the At-Fault Driver’s Insurance

In at-fault states, the party who caused the crash is financially responsible. This means you’ll likely be filing a third-party claim against their insurance. This process can involve:

• Medical documentation
• Proof of lost wages
• Pain and suffering evaluations
• Property damage estimates

If the driver has insufficient coverage or denies responsibility, your own underinsured motorist coverage might step in.

Know Whether You’re in a Fault or No-Fault State

Where you live has a major impact on your claim process. The U.S. divides states into fault and no-fault systems.

No-Fault States

If you live in one of the following states, your own insurer pays initial injury costs regardless of fault:

• Florida
• New York
• New Jersey
• Pennsylvania
• Michigan
• Kentucky
• Minnesota
• Hawaii
• Massachusetts
• North Dakota
• Utah
• Kansas

In these states, you’ll file your injury claim with your own insurance unless your injuries meet a “serious injury” threshold, at which point you may be allowed to file against the at-fault driver.

Fault States

In at-fault states, you can file a third-party claim against the driver who caused the crash right away. This includes most U.S. states. A lawyer can help gather the evidence necessary to prove the other driver’s liability and push for full compensation.

How to File an Injury Claim After a Car Accident

Filing a claim after a car accident isn’t just about reporting it to the insurance company; it’s a process that demands precision, timing, and documentation. Here’s a step-by-step look at what this process involves and why it’s often best handled with legal guidance.

Step 1: Consult a Personal Injury Attorney First

Before contacting any insurance company—even your own—it’s wise to consult with an attorney. Insurance companies are not neutral parties. Their goal is to minimize payouts, not maximize your recovery. A lawyer can protect your interests, advise you on the best next steps, and handle communication with insurers on your behalf.

Step 2: Notify the Insurance Company

Once you’ve spoken with a lawyer, the next step is to report the accident to the appropriate insurance company. This may be your insurer (if you’re in a no-fault state or using MedPay/uninsured motorist coverage) or the at-fault driver’s insurer in a fault-based state.

Your attorney may handle this for you, but generally, the claim notification should include:

• The date and time of the accident
• The parties involved
• A summary of what happened
• Whether there were injuries

Step 3: Submit Supporting Documentation

After the initial report, your attorney will help you prepare and submit key evidence that supports your injury claim:

• Medical records and bills
• Police reports
• Photographs of injuries and vehicle damage
• Witness statements
• Pay stubs to show lost income

The insurance adjuster uses these documents to evaluate your claim and determine a settlement amount to propose.

Step 4: Review the Settlement Offer

If the insurance company offers a settlement, don’t rush to accept it. These offers are often far below what the claim is truly worth. A personal injury attorney can evaluate whether the offer covers:

• Current and future medical expenses
• Lost wages and reduced earning capacity
• Pain and suffering
• Emotional distress
• Property damage

If the offer is insufficient, your attorney may negotiate a better settlement or advise you to file a personal injury lawsuit.

Frequently Asked Questions About Injury Claims After a Car Accident

Do I need to see a doctor right away?

Yes. Even if you feel fine, injuries like whiplash, concussions, traumatic brain injuries, and internal injuries can show up later. Prompt medical care helps ensure your well-being and strengthens your injury claim.

Can I file a claim if I was partially at fault?

In most states, yes. Comparative negligence rules may reduce your compensation based on your percentage of fault, but you may still recover damages. An attorney can explain how your state handles shared responsibility.

What if the other driver doesn’t have insurance?

If the at-fault driver is uninsured or underinsured, you may be able to use your own UM/UIM (uninsured/underinsured motorist) coverage to pursue compensation. These claims can be just as complex and benefit from legal assistance.

What if I don’t feel hurt right away?

It’s common for accident-related injuries to appear days or even weeks later. That’s why it’s essential to seek medical attention promptly and consult with a lawyer. Delayed pain doesn’t mean you don’t have a claim—it just means documentation is even more important.

Start Building Your Case with Help from an Experienced Car Accident Lawyer

If you’ve been hurt in a car accident, you don’t have to figure this out on your own. At the Rothenberg Law Firm LLP, we’ve been fighting for injured individuals and their families for over 50 years—and we’ve recovered billions in compensation.

We understand how chaotic and confusing the days and weeks following a car crash can be. That’s why we treat every case as if we’re fighting for someone in our own family. Our attorneys work with top medical professionals and investigators to build a strong, evidence-based insurance claim. We are also experienced and trusted trial lawyers ready to file a personal injury lawsuit and take your case to trial if that’s what it takes to get justice.

Your consultation is 100% free, and there’s no fee unless we win your case. Call (800) 624-8888 today or fill out our online contact form to get started. Let us help you move forward—because you shouldn’t have to face this alone.

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